Consignment Agreement
Consignment Agreement
Consignment Agreement
I. RIGHT TO SELL. CLIENT owns Wedding/Formal Dress ("Dress"). In accordance with this
Agreement, CLIENT grants COMPANY an exclusive right to rent the Dress under the terms of
this Agreement. CLIENT agrees to deliver to COMPANY, on consignment, the Dress.
COMPANY agrees to devote its best efforts to the rental of the Dress. All rental prices and
terms of rental shall be determined by COMPANY.
II. PROCEEDS OF RENTALS. COMPANY will pay to CLIENT a portion of the rentals proceeds
which shall be calculated as follows: 25 percent of the proceeds from the rental of the Dress.
The amount determined in the previous sentence shall be paid to CLIENT within 30 days of the
rental date.
III. RECORDS. COMPANY shall keep accurate records regarding number of times the Dress is
rented. CLIENT shall have the right to inspect such records from time to time after providing
reasonable notice of such intent to COMPANY.
IV. TITLE TO MERCHANDISE. Consigned merchandise shall remain the property of CLIENT
for entirety of business relationship, or until otherwise agreed upon in writing.
V. LOSS AND INSURANCE. COMPANY shall be responsible for all loss or damage that occurs
while the merchandise is under the control of COMPANY. COMPANY shall maintain insurance
in adequate amounts to pay for replacement of the merchandise in the event of such shortages,
loss, or damage.
VI. PAYROLL TAXES. COMPANY shall be exclusively liable for, and shall indemnify CLIENT
against such liability for, all employee payroll taxes and insurance arising out of wages payable
to persons employed by COMPANY in connection with the performance of this Agreement.
VII. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Agreement through friendly negotiations amongst the parties. If the matter is not
resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to
mediation in accordance with any statutory rules of mediation. If mediation does not
successfully resolve the dispute, the parties may proceed to seek an alternative form of
resolution in accordance with any other rights and remedies afforded to them by law.
VIII. WARRANTIES. Neither party makes any warranties with respect to the use, rental or other
transfer of the Dress by the other party or by any third party. In no event will CLIENT be liable
for direct, indirect, special, incidental, or consequential damages, that are in any way related to
the Dress.
IX. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties.
Neither party shall have the right to assign its interests in this Agreement unless the prior written
consent of the other party is obtained.
XI. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties with
respect to the subject matter of this Agreement and there are no other promises or conditions in
any other agreement, whether oral or written. This Agreement supersedes any prior written or
oral agreements between the parties with respect to the subject matter of this agreement.
XII. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in
writing and is signed by both parties.
XIV. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision
of this Agreement shall not be construed as a waiver or limitation of that party's right to
subsequently enforce and compel strict compliance with every provision of this Agreement.
XV. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Utah.
XVI. SIGNATORIES. This Agreement shall be signed by CLIENT and on behalf of COMPANY
by John-Michael Holahan, Owner. This Agreement is effective as of the date first written above.
Consignor: ___________________________________
By: __________________________________________
By: __________________________________________
John-Michael Holahan
Owner